THIRD AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TIMBER RIDGE

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Teresa Porter
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1 THIRD AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TIMBER RIDGE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BURNET WHEREAS, TIMBER RIDGE is an unrecorded subdivision in Burnet County, Texas, established by Timber Ridge, Inc. hereinafter called Developer. WHEREAS, TIMBER RIDGE consists of all that certain real property located in Burnet County, Texas, described as follows: TRACT ONE: Being acres of land out of the John Loupy Survey No. 106 in Burnet County, Texas, being more fully described by metes and bounds in Exhibit A attached hereto and made a part hereof for all pertinent purposes. TRACT TWO; Being acres of land out of the Jefferson Barton Survey No. 104 in Burnet County, Texas, being more fully described by metes and bounds in Exhibit B attached hereto and made a part hereof for all pertinent purposes. WHEREAS, Developer subjected TIMBER RIDGE to the following restrictions: Declaration of Covenants, Conditions and Restrictions for Timber Ridge, executed on May 2, 1980 and filed of record with the County Clerk of Burnet County, Texas at Vol. 272, Page 818; Declaration of Covenants, Conditions and Restrictions for Timber Ridge, As Amended executed on October 28, 1983 and filed of record with the County Clerk of Burnet County, Texas at Vol. 317, Page 338; and First Amended Declaration of Covenants, Conditions and Restrictions for Timber Ridge, executed on November 4, 1988 and filed of record with the County Clerk of Burnet County, Texas at Vol. 442, Page 771. WHEREAS, TIMBER RIDGE PROPERTY OWNERS ASSOCIATION, INC., hereinafter called Timber Ridge POA, is the successor to and assign of Developer with respect to TIMBER RIDGE and is duly incorporated in the state of Texas, having obtained a Certificate of Incorporation from the Texas Secretary of State (Charter Number ), dated December 28, WHEREAS, at a duly noticed and called meeting of the members of the Timber Ridge POA held on 3 December 2005, a quorum being present, a majority of the quorum adopted this Third Amended Declaration of Covenants and Restrictions for Timber Ridge. NOW, THEREFORE, the Timber Ridge POA adopts this Third Amended Declaration of Covenants, Conditions and Restrictions for Timber Ridge and declares that all of the property described above in TRACT ONE and TRACT TWO shall be subject to the following restrictions: 1

2 1.0 DEFINITIONS 1.1 Subdivision. Subdivision shall mean the TIMBER RIDGE, an unrecorded subdivision in Burnet County, Texas. 1.2 Properties. Properties shall mean and refer to that certain real property described above as TRACT ONE and TRACT TWO. 1.3 Tract. Tract shall mean and refer to that portion of any of the Properties. 1.4 Owner. Owner shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to a Tract. All such owners are members of the Timber Ridge POA. 1.5 Division of a Tract. If a portion of a Tract is sold to a new owner, subject to the minimum size noted below, that new portion will be considered a separate Tract. Said new Owner will become a member of the Timber Ridge POA, will be subject to the assessment of dues, will be expected to conform to these Covenants, Conditions and Restrictions, and shall be entitled to one vote in all members meetings. 1.6 Combination. If contiguous Tracts come under common ownership by a single member, the combination may, at Owner s request, be considered as a single Tract for purposes of dues and voting. 2.0 PROPERTY OWNERS ASSOCIATION 2.1 Timber Ridge POA. Timber Ridge POA shall administer all Subdivision business, including the enforcement of these Covenants, Conditions and Restrictions. 2.2 Governing Articles. The Articles and Bylaws of Timber Ridge Property Owners Association, Inc., describe the responsibilities of the Timber Ridge POA, its Directors and its Officers. 2.3 Architectural Control. The Timber Ridge POA shall maintain an Architectural Control Committee to administer requirements related to structures, setbacks, easements, and other construction provisions as set out in the sections below. 3.0 GENERAL PROVISIONS 3.1. Single Family Residential Use The Tracts shall be used for single-family residential purposes only. No Tract shall be used for any business or commercial purposes other than a private office or for agricultural purposes that conform to Sections and An acceptable private office is hereby defined as an office located within a Tract s residence or approved outbuilding that does not and will not cause any persons i.e. customers, suppliers, employees or other associates of said office to come to such office for any business purpose whatsoever. In other words, an acceptable home office is one in which business is conducted telephonically or electronically only The floor area of any single story residence will have a minimum of 1000 square feet of heated floor space, exclusive of garage and porches, patios, driveways, terraces, etc. The ground floor of any two-story residence will have a minimum of 1000 square feet of heated floor space, exclusive of garage and porches, patios, driveways, terraces, etc. Such construction shall be completed within eight (8) months from the date of pouring the house foundation. 3.2 Easements, Setbacks and Tract Size The Timber Ridge POA reserves all assigned easements over said premises for water lines, electric, telephone, gas lines and other utility lines, both overhead and underground, and any drainage swales and pipes which now exist or may hereafter be emplaced, provided however, that such facilities should be placed to the greatest extent possible along the boundaries of said premises A roadway easement of twenty-five (25) feet from all Road Centerlines exists and is currently administered by the Timber Ridge POA. This easement defines the street property lines for all roads noted in Section No residence shall be located nearer than thirty-five (35) feet from the street property line, which is equivalent to sixty (60) feet from the road centerline. 2

3 3.2.4 No residence shall be located nearer than thirty (30) feet from the Subdivision property lines No residence shall be located nearer than ten (10) feet from all other Tract lines No Tract may be subdivided such that a resulting Tract is less than 1.25 acres in size. 3.3 Roadways The following roadways are part of the Subdivision: Timber Ridge Road, Peach Lane, Backbone Creek Lane, Mesquite Hill Road, High Ridge Drive, Big Oak Lane, Cactus Circle, Shady Lane, and Happy Hollow Road. The easement defined above applies to all of these listed roads The Board of Directors of the Timber Ridge POA, as defined in the Articles and Bylaws, through its agents and employees, is responsible for maintaining the roadways. 3.4 Architectural Control There is an Architectural Control Committee defined in the Articles and Bylaws of the Timber Ridge POA No dwelling house or other structure of any kind may be built upon the Tract herein conveyed until the plans and specifications have been submitted to the Architectural Control Committee and approved in writing. The Committee shall approve said plans and specifications within fifteen (15) days of receipt of request unless in the Committee s opinion the finished product would materially and detrimentally affect the value of the land and properties in the Subdivision, or the proposed plans do not meet the restrictions as listed herein. If the Architectural Control Committee does not respond to a request within fifteen (15) days of receipt, the applicant may assume approval and proceed with the building as submitted Structures other than dwellings do not require formal plans and specifications. A sufficient submission will consist of a simple sketch with descriptions of the following: proposed use of the structure, location of the structure on the tract, dimensions, and materials of construction. 3.5 Exterior and Lot Maintenance In the event an Owner of any Tract shall fail to maintain the premises and the improvements situated thereon in a neat and orderly manner, Timber Ridge POA shall have the right, through its agents and employees, to enter upon said Tract and to repair, maintain and restore the Tract and exterior of the buildings and any other improvements erected thereon, all at the expense of Owner, after first having given the Owner of such Tract at least thirty (30) days, from time of written notice, to correct the failure of maintenance All premises must be kept clean, neat and attractive at all times and clear of all rubbish and trash. Junk vehicles, inoperable boats, vehicles, equipment, and implements, etc., must be concealed from view from any street or other point in the development Storage bins, containers and liquid storage tanks must also be concealed from view from any street or other point in the development. 3.6 Sanitary Regulations. All sanitary regulations set forth by the public health authorities of Burnet County, Texas, or the pertinent governmental authorities, must be complied with in regard to every Tract. Any septic tank or drainage system must meet the capacity and design requirements of the appropriate governmental body. 3.7 Dues The Timber Ridge POA will collect an annual assessment for road maintenance and to defray operational costs of the Subdivision. The current (December2005) assessment is $200. As defined in the Articles and Bylaws, the Board of Directors will set the amount of annual dues. Such assessment shall be and is hereby secured by a lien on each Tract respectively and shall be payable in advance to Timber Ridge POA on the first day of January of each year There shall be a grace period of one month, until the first of February, for payment of dues. After this time, there will be a one-time $25 charge to cover the 3

4 administrative costs and overhead of collection (excluding attorney s fees). In addition to this charge, interest shall run on unpaid sums in an amount to be determined by the Board of Directors. However, the rate may not exceed the maximum allowed by law Failure to pay dues by the end of the grace period will also place owner in bad standing. Owner would thus forfeit the right to vote at members meetings. 3.8 Owner of Record. The Owner of any Tract in the Subdivision must keep the Timber Ridge POA informed of their current mailing address. Expenses incurred by the Timber Ridge POA to locate owners of record may be charged to said Owner. 3.9 Leasing of Property. Owners may lease their property or the buildings thereon, provided that no more than a single family occupies any Tract The property may not be leased for hotel or transient purposes, or for less than thirty (30) days The Owner, lessor, is responsible for the payment of Timber Ridge POA dues and is entitled to vote at members meetings The lessor is responsible for providing the lessee with a copy of these restrictions The lessee is expected to conform to the provisions stated in these covenants Adjustments, Waivers or Variances. Adjustments, waivers or variances of the restrictions contained in these covenants may be made for the purpose of alleviating any hardships or assisting in the orderly development of the Subdivision. Any adjustments, waivers or variances may be granted solely by a majority of the Directors of the Timber Ridge POA. 4.0 USE RESTRICTIONS 4.1 No Commercial Uses. No Tract shall be used or occupied as a public garage, for manufacturing, or as a storage establishment. No advertising displays, signs or billboards are permitted. No Tract or building on a Tract may be used for any business or commercial purposes other than a private office or for agricultural purposes that conform to Sections and An acceptable private office is defined in Section Prohibited Residential Uses No temporary structure, trailer, mobile home, HUD manufactured Home, basement, garage or any other outbuilding shall be erected or used at any time as a temporary or permanent residence. (However, during the period of time while the residence is under construction and uninhabitable, a recreational vehicle may serve as a temporary residence for a period of no more than eight (8) months if specifically approved by the Timber Ridge POA.) No uninhabited tract shall be used for storage of any kind. This does not apply to a period of construction noted above, nor to a tract with a habitable dwelling that is between occupants Uninhabited tracts may be used for agricultural purposes that conform to Sections and Vehicle Restrictions No non-operated cars or vehicles shall be kept on the Tracts unless parked inside a garage. Non-operated means a vehicle that is Inoperable for a period of thirty (30) consecutive days, or a vehicle currently Not Licensed to be operated No non-operated recreational vehicles, trailers or boats shall be kept on any Tract unless inside a garage or behind a privacy fence. Non-operated is defined in section Commercial vehicles, unlicensed vehicles, vehicles that are inoperable or in major state of repair must not be visible to public view; for example, from adjoining properties or any road in the subdivision. This may be accomplished by any of the following means, or any combination thereof; garaging, privacy fencing, natural flora, or terrain. This restriction does not apply to vehicles with company logos that are used as transportation from home to an office, job site, or place of business. Nor does this restriction apply to vehicles, trailers or equipment rented for temporary personal use. 4

5 4.3.4 No commercial trucks in excess of one (1) ton load weight shall be parked at any time in the Subdivision. This does not apply to normal delivery and service vehicles that access the Subdivision No vehicle may be parked on any Subdivision roadway, as defined in Section 3.3, such that it blocks access to any portion of the Subdivision. 4.4 Noxious or Offensive Activities Prohibited No noxious or offensive activity shall be carried out or conducted on any Tract, nor shall any illegal activity or any activity that is an annoyance, hazardous, or a nuisance to owners of the other Tracts at any time Domestic animals and livestock will be allowed if a Tract has been properly fenced to contain such animals. However, there will be no commercial operation involving hogs, turkeys, chickens, ducks, geese or other animals deemed by the Timber Ridge POA as a nuisance in the community No swine may be kept on Tracts that adjoin any creek. Tracts three (3) acres or larger may have up to two (2) pigs for fattening or livestock show projects, but no breeding swine may be kept on any Tract under any circumstances No storage of any materials, which are visible from any roadway, may be kept on any Tract, except for new materials while construction is underway. 4.5 Mineral Extraction Prohibited. No oil well drilling, oil development operations, oil refining, quarrying or any mining operations of any kind shall be permitted on any Tract. Nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any Tract. No gravel pits or excavations shall be permitted. 5.0 ENFORCEMENT 5.1 Interpretation. The Timber Ridge POA, as represented by the Board of Directors, is responsible for interpreting these Covenants, Conditions, and Restrictions. 5.2 Legal Proceedings. The Timber Ridge POA herein, or any Owner as herein defined, shall have the right to enforce by any proceeding at law all restrictions and conditions now or hereafter imposed by these covenants. However, the provisions of architectural control as stated in Section 3.4 may be enforced only by the Timber Ridge POA, through the designated Architectural Control Committee. 5.3 Recovery of Costs. As part of any enforcement proceeding, the Timber Ridge POA may recover from any property Owner found to be in violation of these covenants and restrictions, the full cost of enforcement, which may include attorney s fees, court costs and filing fees. 6.0 SEVERABILITY AND AMENDMENT 6.1 Invalidation. In the event of invalidation of any one of these covenants or restrictions, all other provisions shall remain in full force and effect. 6.2 Perpetuity. These covenants and restrictions shall remain effective in perpetuity, unless amended or canceled by the members of the Timber Ridge POA, as described below. 6.3 Amendment. Amendments to these Covenants, Conditions and Restrictions shall be accomplished according to the voting provisions described in the POA Articles and Bylaws, Article Three Members and Member s Meetings. 6.4 Quorum. Adoption of amendments is governed in particular by Section 3.14(a) of the POA Articles and Bylaws, which describes the requirements for a quorum. For purposes of quorum and voting, each Owner in good standing is allowed one vote. 6.5 Filing. Any amendment, alteration, cancellation or extension of any of the foregoing restrictive covenants must be in writing and be filed with the County Clerk of Burnet County, Texas, in order to be of any force and effect. Dated the day of December, TIMBER RIDGE PROPERTY OWNERS ASSOCIATION, INC. 5

6 BY James V. Alexander, President STATE OF TEXAS COUNTY OF BURNET This instrument was acknowledged before me this day of December, 2005, by James V. Alexander, President of Timber Ridge Property Owners Association, Inc., a Texas corporation, in behalf of said corporation. 6

AMENDED RESTRICTIONS FOR GRAND OAK ESTATES BEAUMONT, JEFFERSON COUNTY, TEXAS

AMENDED RESTRICTIONS FOR GRAND OAK ESTATES BEAUMONT, JEFFERSON COUNTY, TEXAS On this 9 day of January, 1996, Graff Development Company, L.C., hereinafter called Developer joined herein by all current owners